Fraudulent evasion of a prohibition by bringing into or taking out of the UK a controlled drug
Triable either way unless the defendant could receive the minimum sentence of seven years for a third drug trafficking offence under section 110 Powers of Criminal Courts (Sentencing) Act 2000 in which case the offence is triable only on indictment.
Class A Maximum: Life imprisonment Offence range: 3 years 6 months’ – 16 years’ custody A class A offence is a drug trafficking offence for the purpose of imposing a minimum sentence under section 110 Powers of Criminal Courts (Sentencing) Act 2000
Class B Maximum: 14 years’ custody and/or unlimited fine Offence range: 12 weeks’ – 10 years’ custody
Class C Maximum: 14 years’ custody and/or unlimited fine Offence range: Community order – 8 years’ custody
Step 1 – Determining the offence category
The court should determine the offender’s culpability (role) and the harm caused (quantity) with reference to the tables below. In assessing culpability, the sentencer should weigh up all the factors of the case to determine role. Where there are characteristics present which fall under different role categories, the court should balance these characteristics to reach a fair assessment of the offender’s culpability. In assessing harm, quantity is determined by the weight of the product. Purity is not taken into account at step 1 but is dealt with at step 2. Where the operation is on the most serious and commercial scale, involving a quantity of drugs significantly higher than category 1, sentences of 20 years and above may be appropriate, depending on the role of the offender.
Culpability demonstrated by offender’s role One or more of these characteristics may demonstrate the offender’s role. These lists are not exhaustive.
- directing or organising buying and selling on a commercial scale;
- substantial links to, and influence on, others in a chain;
- close links to original source;
- expectation of substantial financial gain;
- uses business as cover;
- abuses a position of trust or responsibility.
- operational or management function within a chain;
- involves others in the operation whether by pressure, influence, intimidation or reward;
- motivated by financial or other advantage, whether or not operating alone;
- some awareness and understanding of scale of operation.
- performs a limited function under direction;
- engaged by pressure, coercion, intimidation;
- involvement through naivety/exploitation;
- no influence on those above in a chain;
- very little, if any, awareness or understanding of the scale of operation;
- if own operation, solely for own use (considering reasonableness of account in all the circumstances).
Category of harm Indicative quantity of drug concerned (upon which the starting point is based):